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Options in Real Estate Transactions - Buying Time to Decide & Wait and See
- 1 CLE hour
Commercial real estate transactions are generally very complex, involving regulatory and financing contingencies, and variable market factors – i.e., can enough land be assembled at the right price, financing secured, and necessary municipal clearances obtained to make the transaction viable? When developers, investors or others need more time to work the process but are concerned about missing an opportunity to buy property, real estate option contracts are an effective mechanism to take a wait-and-see approach. These instruments generally give the potential buyer an exclusive period in which to conduct due diligence on the property, obtain financing or regulatory approvals, or engage in other activities. This program will provide you with a practical guide to drafting the essential provisions and avoiding common traps of option contracts in real estate transactions.
• Negotiating and drafting most essential terms of option contracts in real estate transactions
• Economics of real estate option contracts, including the purchase price of the underlying property and market volatility
• Duration of exclusive period, fees, and extensions – and relationship to market conditions
• Nature of exclusive period – access to property, restrictions on marketing, cooperation in obtaining permits
• Role of contingencies – financing, regulatory, market variables
• Practical uses, traps, and alternatives to options
Manuel A. Fernandez is partner in the Miami office of Akerman, LLP, where he has an extensive real estate practice representing commercial mortgage lenders, developers, and institutional and non-institutional investors in connection with the acquisition, development, financing, leasing and management of commercial and residential real estate assets and distressed real estate transactions. He also represents hedge funds, pension funds, and other real estate opportunity funds in connection with joint ventures. Mr. Fernandez received his B.A., cum laude, from the University of Miami and his J.D., magna cum laude, from the University of Miami School of Law.
Richard R. Goldberg is a retired partner, resident in the Philadelphia office of Ballard Spahr, LLP, where he established an extensive real estate practice, including development, financing, leasing, and acquisition. Earlier in his career, he served as vice president and associate general counsel of The Rouse Company for 23 years. He is past president of the American College of Real Estate Lawyers, past chair of the Anglo-American Real Property Institute, and past chair of the International Council of Shopping Centers Law Conference. Mr. Goldberg is currently a Fellow of the American College of Mortgage Attorneys and is a member of the American Law Institute. Mr. Goldberg received his B.A. from Pennsylvania State University and his LL.B. from the University of Maryland School of Law.